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NEENA BANSAL KRISHNA
Saiyid Sirajul Hasan – Appellant
Versus
Shri Syed Murtaza Ali Khan Bahadur Of Rampur (deceased) Through Legal Heirs. – Respondent
JUDGMENT
I.A.8684/2022
1. An application under Order VI Rule 17 Code of Civil Procedure (hereinafter referred to as CPC) has been filed on behalf of the plaintiff for amendment to incorporate the shares of the parties on account of death of some of the original parties and for correction in suit valuation in various paragraphs of the plaint.
2. It is submitted in the application that due to the demise of some of the parties during the pendency of the suit, the sahams/ shares of the surviving parties/ legal representatives/heirs of the deceased who are already party on record have changed. Hence, the plaintiff seeks to amendment the plaint by adding paragraph 9A to 9F describing the shares of the various parties to the present suit.
3. Further, the value of the properties as referred to in paragraph 13, 14 and 15 and in Exhibit 1, 2 and 3 which are the subject matter of the partition in this suit, was based on Government/Tax Authorities valuation/estimates done much prior to the date of filing of the plaint. The plaintiff verily believes that the market value of the properties in the Exhibits 1, 2 and 3 taken together at the time of filing of the plaint was Rs.25 crore. Hence, the plain
Rule of amendment is essentially a rule of justice, equity and would conscious and the power of amendment should be exercised in the larger interest of doing full and complete justice to the parties ....
The main legal point established in the judgment is that an amendment in the valuation of the suit, in compliance with an earlier decision of the trial court, does not provide grounds for a revision ....
The High Court loses jurisdiction to decide amendment applications for suits automatically transferred to the City Civil Court under Section 4A of the Bombay City Civil Court (Amendment) Act, 2023.
(1) Amendment of plaint – At stage of amendment, merits or correctness of plea sought to be added is not required to be gone into.(2) Amendment of plaint – Partition suit – Mere delay in filing petit....
Amendments to pleadings in partition suits should be liberally allowed to ensure justice and avoid multiplicity of proceedings, without assessing the merits of the amendment at the initial stage.
Amendment of Written Statement – Inordinate delay in filing application for amendment of written statement cannot be allowed.
An amendment to pleadings should be allowed if it is necessary for proper adjudication, bona fide, does not cause irreparable prejudice, avoids injustice or multiple litigation, does not change the n....
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